Authority of per ered. In what cases dient, on the request of a party, may, by written authority endorsed on such process, empower any proper person being of lawful age, and not a party or interested in the suit, to execute the same. (3912.) SEC. 260. The person so empowered shall possess all the authority of a constable in relation to the execution of such process, and shall be subject to the same obligations, but shall not receive any fee or reward for his services thereon. (3913.) SEC. 261. In the following cases, a Justice of the ish for contempt. Peace may punish, as for criminal contempt, persons guilty of the following acts: Punishment contempt. for Person to have opportunity to be etc. 1. Disorderly, contemptuous or insolent behavior towards such Justice, while engaged in the trial of a cause, or in the rendering of any judgment, or in any judicial proceeding, which shall tend to interrupt such proceedings, or to impair the respect due to his authority ; 2. Any breach of the peace, noise, or other disturbance, tending to interrupt any official proceedings of a Justice; 3. Resistance willfully offered by any person in the presence of a Justice, to the execution of any lawful order or process made or issued by him. (3914.) SEC. 262. Punishment for contempts, in the foregoing cases, may be by fine not exceeding twenty-five dollars, or by imprisonment in the county jail not exceeding five days, or both, in the discretion of the Justice; but no person shall remain imprisoned for the non-payment of such fine more than ten days. (3915.) SEC. 263. No person shall be punished for a conheard in defence, tempt before a Justice, until an opportunity shall have been given him to be heard in his defence; and for that purpose, a Justice may issue a warrant to bring the offender before him ; or, if the contempt was committed in the presence of the Justice, he may cause the offender forthwith to be arrested therefor, without issuing any process in the first instance. Record of con viction, and mittent to state (3916.) SEC. 264. Upon convicting any person of contempt, Warrant of com the Justice shall make a record of such conviction, stating ircumstances, therein the particular circumstances of the offence; and the warrant of commitment for any contempt shall also state the circumstances of the offence, or it shall be void. etc. to be sworn, or Witness refusing (3917.) SEC. 265. When a witness attending before any Justo testify may tice in the cause, shall refuse to be sworn in the form prescribed by law, or to answer any pertinent or proper question, such be committed. Justice may by warrant commit such witness to the jail of the county. to specify. (3918.) Sec. 266. Such warrant shall specify the cause for Warrant, what which the same is issued, and if it be for refusing to answer any question, such question shall be specified therein; and such witness shall be closely confined, pursuant to such warrant, until he submit to be sworn, or to answer, as the case may be. journed until testify, or be in (3919.) SEc. 267. The Justice shall thereupon adjourn such Cause to be adcause at the request of the party in whose favor such witness witness shall attended, from time to time, until such witness shall testify in capable, etc. the cause, or be dead, or otherwise incapable of testifying as a witness. proceed on Exe piration of his Sec 3830. (3920.) SEc. 268. Every constable to whom any execution constable may shall have been delivered, and whose term of office shall ex- cution after expire before the time within which the return or collection of term. such execution is required by law, shall proceed thereon in the same manner, and shall have the same power in relation thereto, as if his term of office had not expired; and such constable and his sureties shall be liable for any neglect of duty, and for moneys collected upon such execution, in the same manner, and to the same extent, as if the term of office of such constable had not expired. may proceed (3921.) SEC. 269. No action or proceeding, pending at the Pending actions time this chapter takes effect, shall be affected thereby, but under this Act. the same may proceed under the provisions of this chapter; or the chapter hereby amended, may apply thereto. An Act to Regulate Proceedings in Attachment against Foreign Corporations in Certain Cases. (a) [Approved April 4, 1851. Laws of 1851, p. 91.] tachment он rations See Sec. 3694. (3922.) SECTION 1. The People of the State of Michigan enact, service of at Whenever an action shall be commenced by attachment against Foreign Corpoa Foreign Corporation, and proceedings by garnishment shall of Garnishment. also be commenced in the same action, if it shall appear on the return of the writ of attachment, that a copy thereof, and also copies of all garnishee summons issued in said action, have been personally served on any officer, member, clerk or agent of such Foreign Corporation within this State, the same proceedings may be thereupon had in said action against said (a) This Act is applicable to Justices' Courts only. Liabilities of Garnishees in such cases. Corporation, and in the same manner, as upon the return of a summons personally served in actions against natural persons. (3923.) SEC. 2. The rights and liabilities of garnishees in such cases, and the proceedings against them, shall be the same in all respects as is provided by law in other cases of garnishment. CHAPTER CXVIII. OF CRIMINAL PROCEEDINGS BEFORE JUSTICES OF THE PEACE. SECTION 3924. Powers and Jurisdiction of Justices of the 3925. Proceedings on Complaint made before 3926. Hearing and trial by Justice. 3928. Charge to be read and plea entered. rendered. 3931. If Defendant demand trial by Jury, list to 3932. Proceedings if parties neglect to strike 3934. Talesmen. 3935. When new Jury to be summoned, etc. 3938. Verdict how delivered and entered. 3941. Appeal by Defendant after conviction, to 3942. When Judgment to be rendered against SECTION 3945. To whom fines paid after committal. 3947. Subpoenas for Witnesses, ete. 3953. Allowance of Writ. 3954. Service of and return to Certiorari. victed giving recognizance. 3956. Circuit Court may compel return. 3958. Notice of argument. 3959. Continuance of recognizance. 3962. Fees of Justice. 3964. Appeals from Justices in criminal cases to 3965. What fines to be imposed on conviction. Chapter Ninety-Four of Revised Statutes of 1846. (3924.) SECTION 1. Any Justice of the Peace shall have risdiction of Jus power to hold a Court subject to the provisions hereinafter Powers and ju contained, to hear and determine charges for offences arising tices of the Peace within their respective counties, as follows: 1. All cases of larceny, not charged as a second offence, when the value of the property stolen shall not exceed twentyfive dollars; 2. Cases of assault and battery, not charged to have been committed riotously, or upon any public officer in the execution of his duties, or with intent to commit any other offence; 3. Charges for willfully destroying, removing, injuring or defacing any mile-stone or mile-board, or injuring or defacing any inscription or device upon any guide-post or guide-board on any highway, or removing, destroying or injuring any guide-post or guide-board; 4. Charges for willfully and maliciously killing, maiming or disfiguring any horses, cattle, or other beast of another person, or for willfully and maliciously destroying or injuring the personal property of another, by any other means, where the value of the beasts killed, or the injury done, shall not exceed twentyfive dollars; 5. Charges for willfully and maliciously breaking down, injuring, removing or destroying any monument erected for the purpose of designating the boundaries of any township, or any tract or lot of land, or any tree marked for that purpose; or for willfully and maliciously marring or defacing any building, or any sign board; or willfully and maliciously extinguishing any lamp, or breaking, destroying, or removing any lamp, or any lamp post, or any railing or post erected on any bridge, sidewalk, street, highway, court or passage; 6. Charges against any person for willfully committing any trespass, by cutting down or destroying any timber or wood, standing or growing on the land of another, or by carrying away any kind of timber or wood, cut down or lying on such land; or by digging up or carrying away any stone, ore, gravel, clay, sand, turf or mould from such land, or any roots, fruit or plant there being, or by cutting down or carrying away any grass, hay, or any kind of grain, standing, growing, or being on such land, or by carrying away from any wharf or landing place, any goods whatever, in which he has no interest, of the value of five dollars or more; 7. Charges against any person for willfully committing any trespass, by entering upon the garden, or orchard, or other in certain criminal cases. Proceedings on complaint made improved land of another, without permission of the owner 8. And all other offences punishable by fine not exceeding (3925.) SEC. 2. Upon complaint made to any Justice of the before Justice. Peace, by any constable or other person, that any of the foregoing offences have been committed within the county, he shall examine the complainant on oath and witnesses produced by him, and shall reduce the complaint to writing, and cause the same to be subscribed by the complainant, and if it shall appear that such offence has been committed, the said Justice shall issue his warrant, reciting the substance of the complaint, and requiring the officer to whom it is directed forthwith to arrest the accused, and bring him before such Justice, or some other Justice of the same county, to be dealt with according to law; and in the same warrant may require the officer to summon such witnesses as shall be named therein, to appear and give evidence at the trial. 2 Gray, 74. Hearing and trial by Justice. Bail for defendant's appearance, and commitment for want of bail. Charge to be read and plea entered. When issue to be tried by Court. (3926.) SEC. 3. On the return of the warrant with the accused, the said Justice shall proceed to hear, try and determine the cause within one week after the return of the same. (3927.) SEC. 4. From the time of the return of the warrant until the time of the trial, the accused may give bail with one or more sufficient sureties for his appearance at the time fixed for the trial, or in the event of failure so to do, may be com mitted to jail for safe keeping by warrant of said Justice, or left in custody of the arresting officer. (3928.) SEC. 5. The charge made against the accused, as stated in the warrant of arrest, shall be distinctly read to him, and he shall be required to plead thereto, which plea the Court shall enter in their minutes; if the accused refuse to plead, the Court shall enter the fact, with a plea of not guilty in behal of such accused in its minutes. (3929.) SEC. 6. If the plea of the accused be not guilty, a no jury be demanded by him, the said Court shall proceed t try such issue, and to determine the same according to th evidence which may be produced against and in behalf of su accused. |